GENERAL CONDITIONS OF DISTANCE SELLING.

These terms and conditions regulate the operation and
functioning of the distance sale of services provided
by Xfera Móviles, S.A.U. (hereinafter, “YOIGO”), with
tax number (CIF) A-82528548 and registered office at
Avenida de la Vega, 15, 28010, Madrid.

Likewise, these terms and conditions regulate the
operation and functioning of the distance sale of services
provided by Interbox Technology, S.L., with tax number
(CIF) B-95783312 and registered office at calle Ibáñez
de Bilbao, 28 – 8, 48009, Bilbao, Vizcaya.

1. PURPOSE OF THE SERVICE.

1.1. The purpose of the distance sale of services offered
by YOIGO is to sell the products provided by Interbox
Technology, S.L. and the services offered by YOIGO
(hereinafter, the “Service”), by means of a distance sales
channel, in the Spanish territory. YOIGO is the provider
of the landline and mobile telephone services, while
YOIGO may also offer telephone devices (hereinafter, the
“Products”) from Interbox Technology, S.L. in conjunction
with that company. The Service is used by a service user
(hereinafter, the “User”), and entails the full acceptance
of all of these specific terms and conditions (hereinafter,
the “Specific Terms and Conditions”), which, along with
the General Terms and Conditions of the service offered by
YOIGO and any Specific Terms and Conditions applicable,
shall be made available on a permanent basis at the
website www.yoigo.com.

1.2. The services provided by YOIGO, which can be
contracted via the website www.yoigo.com or by calling
the free telephone numbers provided for this purpose by
YOIGO, are subject to the General Terms and Conditions
of the postpaid (contract) or prepaid Service and any
other terms and conditions issued to the User. The
aforementioned terms and conditions shall be accepted
by the User during the distance sales contracting process
and confirmed where appropriate by YOIGO to the User on
the completion of the contract process.

1.3. YOIGO reserves the right to unilaterally modify, at any
time and without prior notice, the format, configuration
and contents of the Service, as well as the Specific Terms
and Conditions that govern the use of the Service, which
will be applicable to new contracts taken out as of the
time of modification.

2. CONTRACT PROCEDURE.

2.1. Contract. By means of the website www.yoigo.com
and the free telephone numbers established by YOIGO
at any given time, the Service makes available to the
User a range of products and services sold by Interbox
Technology, S.L. and YOIGO, which can be contracted
by the User by means of the various forms provided
throughout the purchase process and on the express
acceptance on the part of the User of these Specific
Terms and Conditions and all other terms and conditions
applicable to the product and/or service contracted.

During the online contracting process via the website
www.yoigo.com, the submission of the duly completed
form (by clicking at the appropriate point in the
process) will finalize the contracting process and will
constitute the full acceptance on the part of the User
of the commercial offer put forward by YOIGO and of
the applicable terms and conditions. YOIGO shall store
a copy of the aforementioned contract in electronic
format on its own files.

During the contracting process via telephone, the
completion via telephone of the forms and declaration
of consent required from the User will finalize the
contracting process and will constitute the full
acceptance on the part of the User of the commercial
offer put forward by YOIGO and Interbox Technology,
S.L. and of the applicable terms and conditions. For
the purposes of improving system security and storing
evidence of the contract entered into, YOIGO may
record the aforementioned telephone conversations with
prior consent from the User.

During both the telephone contracting process and
online contracting process via the website www.yoigo.
com, apart from the requirements mentioned above,
if the User is a legal entity they will also be required
to provide certain supporting documents. Once these
documents have been verified by YOIGO, the process of
distance sale shall be considered to be complete.

In all cases, calls to the numbers established by
YOIGO to facilitate the contracting of YOIGO products
and services are free of charge.

2.2. Contract confirmation. Once the distance sale
process has been completed, YOIGO shall provide the
User with confirmation of the purchase made, including
all terms and conditions applicable to the product and/
or service contracted. In the event that a transaction fails
for whatever reason, YOIGO shall notify the User. To the
extent permitted by law, YOIGO shall not be liable to the
User for failed transactions.

In the case of contracts taken out via the website
www.yoigo.com, YOIGO shall carry out confirmation by
sending an email to the User confirming the contract
and terms and conditions applicable to the contract. In
the case of contracts taken out via telephone, YOIGO
shall issue the User with a paper copy of the terms and
conditions applicable to the contract at the same time
as the order is delivered to the address indicated by the
User.

3. CONDITIONS OF USE.

3.1. Use of the Service provided by YOIGO is free to the
User and does not require prior registration.

3.2. The User undertakes to use the Service correctly
and responsibly and in accordance with the law in force,
these Specific Terms and Conditions, and the generally
accepted principles of ethics, decency and public
order. The User undertakes to refrain from using the
Service for purposes or effects that are illicit, harmful
to the rights and interests of third parties, prohibited,
in any way damaging to the Service, or that prevent the
normal use and enjoyment of the Service, IT equipment,
software, documents, files and any other kind of contents
stored on the IT equipment belonging to YOIGO or third
parties. YOIGO reserves the right to adopt any measures
it considers appropriate to tackle cases where there is
evidence indicating fraudulent use of the Service.

4. CONTRACT SUBSCRIPTION LIMIT.

4.1. The maximum number of contracts for YOIGO
mobile telephone services that a single User (identified
with a particular national identification number, foreign
identification number or passport) may subscribe to is
three (3) in total, or ten (10) in total if the User is a
legal entity, whether in the case of postpaid or prepaid
services, and regardless of the date and channel by which
subscription is effected (via website or telephone or in
store).

In exceptional circumstances, YOIGO may authorize a
User to subscribe to a number of contracts above the
established limit, to which end the User must contact
YOIGO’s Customer Care department by calling 800
622 800 (free of charge) or in the case of legal entities
by calling 800 622 801 (free of charge) so that the
Customer Care department can analyse this request. The
User accepts that the decision to increase the number
of contracts available to a User is exceptional, and
corresponds exclusively to YOIGO in accordance with its
business criteria, as well as its criteria to prevent fraud,
non-payment, or the illicit use of YOIGO services.

5. PAYMENT METHOD.

5.1. The payment method shall be that selected by
the User during the order process, and shall be chosen
from among the payment methods accepted by YOIGO.
The User may choose to pay via credit or debit card or
payment by cash on delivery when the order is received at
the address indicated by the User.

Payment via credit or debit card. Payments can
be made using the following card types: VISA, VISA
Electron, MasterCard, Maestro, 4B and Red 6000. The
card used to make payment must belong to the User
that has contracted the products and/or services from
YOIGO.

Payment by cash on delivery. YOIGO products and/or
services may be paid for in cash when the User receives
their order at the address indicated. This payment
method is subject to a surcharge of four euros (€4) (VAT
included), to be added to the price of the product and/
or service selected.

5.2. The credit card payment service is handled by a
credit institution.

5.3. YOIGO is not liable for the confidentiality or security
of information and data provided by the User when
making payment for electronic or telephone purchases via
credit card, given that the processing of this information
and data is not exclusively controlled by YOIGO.

6. DELIVERY.

6.1. Once the contracting process has been finalized
by means of the completion of the necessary forms and
acceptance of the terms and conditions applicable to the
products and/or service contracted, the logistics operator
Interbox Technology, S.L. shall process the order, which
will be delivered by means of a courier service. The
logistics operator will deliver the order to the address
indicated by the User, which must be within the Spanish
territory.

6.2. The order must be received personally by the User,
who will be required to prove their identity using their
national identity document or equivalent and sign the
delivery note.

6.3. The logistics operator shall deliver the order on the
date indicated in the order confirmation e-mail received
by the User or the date indicated during the telephone
call in the case of telesales. Within a period of five (5)
working days as of the date when YOIGO confirms that it
has accepted the order, Interbox Technology, S.L. shall
contact the User via text message to confirm the delivery
date.

Within a period of five (5) working days from when YOIGO confirms acceptance of the order, Interbox Technology, S.L. shall contact the User by sending them an SMS message confirming the delivery date.

6.4. Notwithstanding, and for the purposes of information,
the estimated delivery dates as of the date when YOIGO
contacts the User are as follows:

6.5. The User acknowledges that these delivery times are
estimated and that deliveries may be subject to delays not
attributable to YOIGO or Interbox Technology, S.L.

6.6. The User will be understood to have cancelled the
contract if they cannot be located at the designated
address on either of the two (2) delivery attempts
organized by YOIGO through its Logistics Operator.

6.7. Delivery costs. Unless otherwise specifically
established in the case of a specific order, the User will
assume the costs of preparation, packaging and shipment
of the products and/or services contracted, as well as
any VAT charges where applicable. These costs shall be
paid by the User along with the price of the product/
service using the same payment method. Unless expressly
established, the cost of delivery to the address indicated
by the User is eight euros (€8) (taxes included) per order.

7. CANCELLATION OF NUMBER PORTING.

7.1. When the order made by the User includes a
telephone linked to a number porting request, the User
shall be free to request cancellation of the number porting
under the terms set out in the regulations governing
number porting. If this cancellation takes place after the
order has been sent out by YOIGO, the User may choose
to: (I) reject the delivery of the device; (II) purchase the
device at its normal price of sale (without the discount
applied by YOIGO for the requested number porting); (III)
return the device to YOIGO if number porting is cancelled
after the order has been delivered. If the User chooses to
return the device to YOIGO, the following procedures must
be followed:

The User must contact Customer Care to indicate
that they wish to return the device within the two (2)
days following the date on which number porting is
cancelled. From a YOIGO phone, the User may do this
by calling 622 (free of charge), or they can also call
622 622 622 from any other operator (the cost of the
call will depend on the operator in question).

YOIGO will contact the User to confirm the date on
which the device will be collected.

YOIGO will assume all costs of the collection and
return of the device to YOIGO. The product must be
returned in its original packaging, in perfect condition
and including all the accessories contained in the
package sold (charger, battery, etc.) also in perfect
condition and in any original bags with any lens and
screen protectors correctly placed and without signs
of misuse or incorrect handling. The telephone’s serial
number (IMEI) must coincide with the serial number
on the original box and associated with the SIM card
sent to the User. If the product collected clearly does
not fulfil the above requirements, YOIGO will return
the product to the User, charging the usual price of
sale to the current account, credit or debit card details
provided by the User during the contracting process.

It will be understood that the User wishes to
purchase the device at its normal price of sale (I) if the
User does not communicate their wish to return the
device within the two (2) days following cancellation
of the number porting; or (II) if, once the User has
communicated their wish to return the device within
the aforementioned period, the User cannot be located
at the address designated following two (2) attempts at
collection. In such cases, the usual price of sale shall
be charged to the current account, credit or debit card
details provided by the User during the contracting
process.

8. SERVICE AVAILABILITY.

8.1. YOIGO does not guarantee the availability and
continued functioning of the Service, its suitability for any
purpose or use for any particular activity, or its infallibility.

8.2. To the maximum extent permitted by the regulations
in force, YOIGO does not accept liability for any damages
of any kind resulting from a lack of availability or lapse in
the functioning of the Service, a lack of suitability of the
Service for any particular purpose or use that the User
may have attributed to the Service, or any failure of the
Service.

9. PERSONAL DATA.

9.1. For the purposes of compliance with the provisions of
Organic Law 15/1999 of 13 December on the Protection
of Personal Data and all implementing regulations, YOIGO
informs the User that the personal data they provide
during the contracting process shall form part of a file
belonging to Xfera Móviles, S.A.U., with registered office
at Avda. de la Vega, 15, 28108, Alcobendas, Madrid,
and will be processed for the purposes of fulfilling the
order, in accordance with the relevant provisions of the
General Terms and Conditions of the prepaid and postpaid
Services. The User may at any time exercise their rights
of access, rectification, cancellation and opposition by
writing to Xfera Móviles, S.A.U. at Avda. de la Vega, 15,
28108, Alcobendas, Madrid.

Likewise, for the purposes of compliance with the
provisions of Organic Law 15/1999 of 13 December on
the Protection of Personal Data and all implementing
regulations, Interbox Technology, S.L. informs the User
that the personal data they provide during the distance
purchase of their products shall form part of a file
belonging to Interbox Technology, S.L. with national
identification number (CIF) B-95783312 and registered
office at calle Ibáñez de Bilbao, 28 – 8, 48009, Bilbao,
Vizcaya, for the purposes of fulfilling the order and
invoicing the product.

9.2. The Customer declares that all of the data provided
to YOIGO and Interbox Technology, S.L. during the
contracting process are correct, and authorizes YOIGO to
verify the veracity of said data.

9.3. Fields marked with an asterisk on forms or otherwise
marked as mandatory during the telephone contracting
process must be duly completed. Failure to complete or
incorrect completion of the aforementioned fields may
prevent the order from being processed.

10. SECURITY DEPOSIT FOR POSTPAID SERVICE.

In accordance with the provisions of YOIGO’s General
Terms and Conditions concerning Postpaid Services
and General Terms and Conditions concerning Landline
Services, during the contracting process YOIGO may
require the User to provide a non-interest bearing deposit
or bank guarantee, or assign a credit limit or restrict the
use of higher rate, additional rate and/or international
services.

11. COMPLAINTS.

The User can make use of the following channels to
submit a complaint to YOIGO within a period of one (1)
month: Customer Services (by calling 622 from a YOIGO
number) or 622 622 622 (from any other operator);
mail to Xfera Móviles, S.A.U, Departamento de Atención
al Cliente, Avenida de la Vega, 15, 28108 Alcobendas,
Madrid, or e-mail to clientes@yoigo.com. On receiving a
complaint, YOIGO shall supply the User with a complaint
reference number and, if requested, a document
certifying that a complaint has been submitted and
details of its contents. If the User is not satisfied with the
resolution provided by YOIGO, they may submit a further
claim within a period of one (1) month to the relevant
consumer arbitration service or Secretary of State for
Telecommunications and Information Society.

12. PRODUCT WARRANTY.

12.1. During the two (2) years following the date when
the User purchases their device, if they observe that
the device is not working correctly or in line with the
manufacturer’s specifications they are entitled to a free
replacement or repair of the device.

12.2. In all such cases YOIGO shall assess the device to
identify the problem and whether the option chosen is
disproportionate to the cost of the device.

12.3. To this end, Users should call YOIGO’s Customer
Services on 622 free of charge from a Yoigo phone or
622 622 622 from any other operator (the cost of the
call will depend on the operator in question) in order
to inform them of the incident and be passed on to the
relevant Technical Service, who will advise the User how
to proceed. The Technical Service will proceed to repair
or replace the device with a new one depending on the
defect and the cost of repairs required.

12.4. YOIGO offers a phone loan service while the
User’s device is being assessed or repaired, subject to
availability.

13. NON-CONCESSION OF LICENCES.

Neither YOIGO nor Interbox Technology, S.L. concedes
licenses or permits of any kind for the use of its industrial
or intellectual property rights, or over any other property or
right related to the Service.

14. APPLICABLE LEGISLATION.

The relationship between YOIGO, Interbox Technology,
S.L. and the User shall for all effects and purposes be
governed by Spanish legislation.

ANNEX.

INFORMATION ON THE EXERCISE OF THE RIGHT TO CANCEL:

The User has the right to cancel their contract within
a period of fourteen (14) calendar days without the
need to cite any specific cause.

This cancellation period expires fourteen (14)
calendar days from the date when the User or third
party indicated by the User (excepting delivery staff)
receives the order.

In order to exercise the right to cancel the User
must notify YOIGO of their decision via e-mail to
devuelvomipedido@yoigo.com or by mail addressed
to Yoigo, Avenida de la Vega, 15, 28108, Alcobendas
or by calling free on 622 from any YOIGO number or
622 622 622 from any other operator (the cost of the
call will depend on the operator in question), stating
that they wish to cancel the order. The User may use
the cancellation form below, although its use is not
mandatory.

In order to fulfil cancellation requirements, Users only
have to ensure that they notify YOIGO of their exercise
of the right to cancel before the cancellation period
expires.

CONSEQUENCES OF CANCELLATION:

If a User cancels their order, YOIGO shall return all
payments made by the User excepting eight euros
(€8) in postal charges, as long as the conditions for
cancellation are fulfilled (and with the exception of any
additional costs resulting from the User’s decision to
choose a different delivery service subject to a higher
cost than the ordinary postal service offered) without
any undue delay and in all cases within a period of
fourteen (14) calendar days from the date when the
User informs YOIGO of their decision to cancel the
contract. YOIGO shall then proceed to refund the
purchase by means of the same payment method used
for the original transaction unless otherwise expressly
requested by the User; in any case, the User shall not
be subject to any additional costs as a result of the
refund.

In the event of cancellation, where YOIGO has
installed and/or activated the Service on the express
request of the User during the period in which this
right can be exercised and before this right has been
exercised by the User, YOIGO shall have the right to
charge the cost of the installation carried out and any
consumption on the part of the User, to the date of
cancellation and in proportion to the fees set out in the
Specific and General Terms and Conditions applicable
to each tariff.

THE FOLLOWING CONDITIONS MUST BE FULFILLED IN THE
CASE OF PRODUCT RETURNS:

The user must return all the materials delivered
with the original package in the original packaging,
in perfect condition and including all the accessories
contained in the package sold (charger, battery, etc.)
also in perfect condition and in any original bags with
any lens and screen protectors correctly placed and
without signs of misuse or incorrect handling. The
telephone’s serial number (IMEI) must coincide with
the serial number on the original box and associated
with the SIM card sent to the User. The product must
be accompanied by the User’s purchase receipt. Before
the purchase can be refunded or a new product sent
YOIGO shall check the condition of all packaging and
product accessories. If the product collected clearly
does not fulfil the above requirements, YOIGO will
return the product to the User, charging the usual price
of sale to the current account, credit or debit card
details provided by the User during the contracting
process.

The User has sole responsibility for any loss in
value of goods resulting from any incorrect handling
beyond that necessary in order to ascertain the nature,
characteristics and functioning of goods.

CANCELLATION FORM.

(This form must be completed and submitted only in the case of contract cancellation).